Constitution of India, 1950, Article 366(29A)(d), Karnataka Sales Tax Act, 1957, Section 2(t), 5C -- Deemed Sale - Transfer of right to use tug - Liability to pay tax - Taxable event is transfer of right to use goods regardless of when or whether goods are delivered for use - Deemed sale takes place at site where right to use goods is transferred - It is of no relevance..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision of S.53-A of the Act two conditions must be fulfilled : (a) transferee must, in part performance of the contract, have taken possession of the property or any part thereof; (b) transferee must have performed or be willing to perform his part of the agreement - It is only if..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Clause in agreement that permission is given to the vendee to start construction on the land - It is license which was given for the purpose of developing the land into flats and selling the same - Such licence cannot be said to be `possession' within the meaning of S.53-A of the Act,..........
Income Tax Act, 1961, Section 2(47)(vi) -- Transfer - Agreement to sell - Owner's rights were completely intact on the date of agreement to sell both as to ownership and to possession even de facto - S.2(47)(vi) of the Act therefore, not attracted...........
Income Tax Act, 1961, Section 2(47)(ii), (vi) -- Transfer - Agreement to sell - Compromise deed - Appellant/assessee entered into agreement to sell with builder - As per Compromise deed, appellant received agreed sale consideration and balance amount towards full and final settlement in respect of agreement also paid through 7 post dated cheques - All the cheques were..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of S.53-A of the Act - Dismissal of suit for specific performance - (i) When certain things were to be performed by plaintiff and suit for specific performance was dismissed due to non performance of that part of contract or bar of limitation, then protection of S.53-A of the Act is not available..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor u/s 53-A of the Act, will not get any title or ownership over property...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor in part performance of property will not get any right of alienation or title or ownership over property - Property will remain outside purview of provisions dealing with transfer of title and ownership either by way of sale, mortgage, gift or settlement - Provision governing devolution of right by..........
Transfer of Property Act, 1882, Section 53A -- Part performance - To fall under umbrella of S.53-A of the Act, plaintiff must show not only his readiness and willingness to pay balance sale consideration, but also readiness and willingness to perform his part of contract which includes enforcement of contract for getting sale deed executed in his favour by resorting to..........
Indian Penal Code, 1860, Section 420, 467, 470, 471 -- Cheating - Quashing of FIR - Dispute relates to claim of title of land - Allegation that accused forged documents i.e MOU and SPA with fraudulent motive to transfer property belonging to respondent company - Ex facie allegations do not disclose commission of a criminal offence - Company if required and necessary can..........
